Hello!
Welcome to GearTrader.net. In using the service GearTrader.net provides, you are agreeing to the following terms. Before you are able to become a member of GearTrader.net, you must read and accept all of the terms and conditions in this User Agreement and Privacy Policy. This Agreement is effective as of March 1st, 2008 upon acceptance for new users.
Using GearTrader.net
While using this Site, you cannot:
Fees, Collections, and Services
Joining GearTrader.net and bidding on items is free of charge, although we do charge fees for listing items. When you list an item that has a fee, you have a chance to review and accept the fees that will be charged based on our Insertion Fees schedule, which we may occasionally change. We will notify every user of Fees Schedule changes and other policy related changes with at least a two weeks notice. Reasons for fee changes would be strictly promotional; i.e. “No insertion fees for the month of April,” etc.
GearTrader.Net also has “Closing Fees,” which are fees associated with an auction that has been closed due to a winning bid. Once a winning bid has been received and the auction is closed, the Seller must pay a closing fee to GearTrader.net, payments are based on our Closing Fees Schedule .We will notify every user of Closing Fees Schedule changes and other policy related changes with at least a two weeks notice.
If Seller fails to pay closing fees for their posted auction, they will immediately be removed from the site and/or be given negative feedback by GearTrader.Net’s administrative staff.
All fees are in U.S. Dollars. You are responsible for paying all fees and taxes associated with GearTrader.net in a timely manner. If your payment method fails or your account is past due, we will collect fees owed by automatically deducting the amount from your PayPal account balance.
Liability - Close Window
You will not hold GearTrader.net responsible for other users' actions or inactions, involving things they say or items they post. You acknowledge that GearTrader.net is a virtual venue joining musicians and music lovers and providing them with a safe place to offer, sell, and buy anything music related. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction.
In accordance with California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2), legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller. We do not transfer legal ownership of items from the seller to the buyer.
Release
If you have a dispute with one or more users, you release GearTrader.net from claims, demands and damages of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Henceforth, the registered member waives California Civil Code §1542.
Access and Interference
Much of the information on GearTrader.net is updated on a daily basis and is licensed to GearTrader.net. You agree that you will not use any automated means to access our site for any purpose without our written permission.
Henceforth, you agree that you will not:
Privacy Policy
We do not sell your personal information to third parties for their marketing purposes without your consent. GearTrader.net registered member privacy is extremely important to us. We store your information on computers that are protected by physical and technological security devices. You can modify the information you provide and choose not to receive certain communications under the “Members” section. If you object to your information being viewed by our secure administrative team, please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Law and Forum for Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against GearTrader.Net must be resolved by a court located in San Bernardino County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below.
Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.